38-01 Environmental Remediation Detroit & Hird

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EXHIBIT A PUBLIC ENTITY LOAN AGREEMENT THIS AGREEMENT made and entered into as of the date specified on SChedule I hereto (the "Term Sheet") which is fully incorporated herein and made a part hereof) as the "Agreement Dm," by and between thc COUNTY CUY 0GA, 0ttI0 a county and political subdivision of the Sta~e of Ohio (the "County") and the CITY OF LAKEWOOD, OHIO the governmental body specified as the. "LPE' on the Term Sheet (hereinafter referred to as the "LPE"), a governmental body organized and existing under the laws of the State of Ohio and acting pursuant to an ordinance or an ordinance or resolution passed by the legislative authority thereof on the date specified on the Term Sheet as the LPE Ordinance/Resolution Date; WITNESSETH: WHEREAS, the County and the LPE are authorized by virtue of the laws of the State of Ohio, including, without limitation, SeCtion 13 of Article VIII, Ohio Constitution~ and ~pter i~ of t~e 6hlo ~evlsed Code, among other things, to acquire 'and improve real property, for the purpose of creating or preserving jobs and employment opportunities and improving the economic welfare of the people.of the County, the LPE and the State of Ohio; and WHEREAS, to create and preserve jobs and employment oppommities, .the LPE has-determined to acquire and prepare the site for redevelopment of that property described herein as the Project Site; and WHEREAS, the Ohio General Assembly has created a Water Pollution Control Loan Fund ("WPCLF") pursuant to Ohio Revised Code Section 6111.036 to provide loans and other types of financial assistance as set forth in said Section from funding provided pursuant to Title VI of the Clean Water Act, as amended (the "CWA"), which authorizes the Administrator of the United States Environmental Protection Agency to make capitalization grantS to states to establish a state water pollution control revolving loan fund; and WHEREAS, the Ohio Water Development Authority (the "OWDA") has created the Brownfield Loan Fund for Remediation Work (the "Brownfield'Loan Fund") in its Local Economic Development Fund pursuant to Ohio Revised Code Section 61123.032 to provide loans and other types of financial assistance with respect.to ,'voluntary actions," as defined in Ohio revised Code Section 6123.0 l; and WHEREAS, the County intends to borrow a portion of the cost of the Project from eithor or both the WPCLF or thc Brownfield Loan Fund and must therefore require that the LPE grant certain fights to the State hereunder. NOW, T~REFORE, in consideration of the premises and the mutual covenants herein contained, the parties hereto do hereby agree as follows: :